September 15, 2011 – Federal Register Recent Federal Regulation Documents
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Approaches to Reducing Sodium Consumption; Establishment of Dockets; Request for Comments, Data, and Information
The Food and Drug Administration (FDA) and the Food Safety and Inspection Service (FSIS) are announcing the establishment of dockets to obtain comments, data, and evidence relevant to the dietary intake of sodium as well as current and emerging approaches designed to promote sodium reduction. FDA and FSIS are particularly interested in research that will help both organizations understand current and emerging practices by industry in sodium reduction in foods; current consumer understanding of the role of sodium in hypertension and other chronic illnesses, sodium consumption practices; motivation and barriers in reducing sodium in their food intakes; and issues associated with the development of targets for sodium reduction in foods to promote reduction of excess sodium intake. Excess sodium intake is linked to increased risk of heart disease and stroke. FDA and FSIS recognize ongoing efforts by a number of members of the restaurant and packaged food industries to reduce sodium and appreciate the complexities of reducing sodium in foods. Continued input and support from industry and other stakeholders are important to support further progress on this significant public health issue.
Announcement of Requirements and Registration for “Ensuring Safe Transitions From Hospital to Home”
The ``Ensuring Safe Transitions from Hospital to Home'' challenge tasks developers with creating technology solutions that empower discharged patients to take charge of their health care during transitions of places of care. Innovative applications will help patients and their caregivers insure that they have all the information and materials, such as drug prescriptions, medical equipment, follow-up appointments, and emergency contacts, that they need to move safely to their next care setting. The statutory authority for this challenge competition is Section 105 of the America COMPETES Reauthorization Act of 2010 (Pub. L. 111- 358).
Award Fee for Service and End-Item Contracts
NASA proposes to revise the NASA FAR Supplement (NFS) to update the Award Fee for Service Contracts clause (NFS 1852.216-76) to clarify that the amount of award fee held in reserve, if any, shall not exceed $100,000 for the contract. The purpose of this reserve is to protect the Government's interests relative to an orderly and timely closeout of the contract. In addition, the Award Fee for End Item Contracts clause (NFS 1852.216-77) is being updated to add language similar to that contained in the Award Fee for Service Contracts clause to allow the contracting officer to withhold fee payments, at a not to exceed amount of $100,000 for the contract, to protect the Government's interests relative to an orderly and timely closeout of the contract.
Announcement of Requirements and Registration for “Reporting Device Adverse Events Challenge”
Medical devices will play an increasingly large role in the monitoring and collection of patient data with the spread of electronic health records. The United States has a limited system for the post- market surveillance of medical devices, specifically as it relates to monitoring product safety and effectiveness. The ``Reporting Device Adverse Events Challenge'' asks multi-disciplinary teams to develop an application that facilitates the reporting of adverse events related to medical devices, whether implanted or used in the hospital, clinic, or home. The statutory authority for this challenge competition is Section 105 of the America COMPETES Reauthorization Act of 2010 (Pub. L. 111- 358).
Notice of Submission for OMB Review
The Director, Information Collection Clearance Division, Privacy, Information and Records Management Services, Office of Management, invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995 (Pub. L. 104-13).
Notice of Submission for OMB Review
The Director, Information Collection Clearance Division, Privacy, Information and Records Management Services, Office of Management, invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995 (Pub. L. 104-13).
Office of Commercial Space Transportation (AST); Notice of Availability of the Supplemental Environmental Assessment (SEA) and Finding of No Significant Impact (FONSI) for the Federal Aviation Administration (FAA)/AST To Renew Launch Site Operator License (LSO 01-005) to Spaceport Systems International (SSI) for the Continued Operation of the California Spaceport at Vandenberg Air Force Base (VAFB), CA
In accordance with the National Environmental Policy Act (NEPA) of 1969, 42 United States Code 4321-4347 (as amended), Council on Environmental Quality (CEQ) NEPA implementing regulations (40 Code of Federal Regulations [CFR] parts 1500-1508), and FAA Order 1050.1E, Change 1, the FAA is announcing the availability of a SEA and FONSI for the FAA/AST to renew Launch Site Operator License (LSO-01-005) to SSI for the continued operation of the California Spaceport at VAFB, California. The SEA supplements the U.S. Air Force February 1995 EA for the California Spaceport (1995 EA) and was prepared to address the potential environmental impacts of the FAA/AST's Proposed Action to renew SSI's Launch Site Operator License for the continued operation of the California Spaceport. The Launch Site Operator License would be valid for 5 years. The 1995 EA analyzed the potential environmental impacts of construction and operation of a commercial launch facility (which is now the California Spaceport) at VAFB, California. Activities addressed in the SEA include launches of a variety of vertically-launched launch vehicles (Minuteman and Castor 120 derivative boosters) at the California Spaceport over the 5-year term of the license. Since 1996 when FAA issued SSI its first Launch Site Operator License, SSI has supported eight commercial launches. Although the terms of the license do not specify the number of launches allowed, FAA selected a conservative value of up to 15 launches per year has been considered for the purposes of the SEA's environmental analysis. The largest launch vehicle proposed to launch from the California Spaceport is the Athena III, consisting of a two-stage Castor 120 solid-propellant rocket motor with the addition of up to six Castor IVA or Castor IVXL rocket motors strapped to the first stage. The 1995 EA analyzed the potential environmental impacts of construction and operation of a commercial launch facility (which is now the California Spaceport) at VAFB, California. The analysis considered operation of variety of vertical launch vehicles, including the Athena III. The proposed activities at the California Spaceport remain consistent with those analyzed in the 1995 EA and are incorporated by reference in the SEA. The SEA summarizes the data and environmental analysis presented in the 1995 EA where the data and analysis remains substantially valid. In addition, the SEA provides new data and analysis where information presented in the 1995 EA is outdated. The resource areas considered in the SEA include air quality; biological resources (fish, wildlife, and plants); noise; land use (including coastal resources); historical, architectural, archaeological, and cultural resources; Department of Transportation Section 4(f) Properties; geology and soils; hazardous materials, pollution prevention, and solid waste; health and safety; socioeconomics, environmental justice, and children's environmental health and safety; and water quality (including floodplains and wetlands). Potential cumulative impacts of the Proposed Action were also addressed in the SEA. Alternatives analyzed in the SEA included the Proposed Action and the No Action Alternative. Under the No Action Alternative, the FAA would not renew the Launch Site Operator License to SSI for continued operation of the California Spaceport at VAFB. Existing USAF activities would continue at VAFB. After careful and thorough consideration of available data and information on existing conditions and potential impacts, the FAA has determined that there will be no significant short-term, long-term, or cumulative impacts to the environment or surrounding populations from the renewal of the Launch Site Operator License for continued operations of the California Spaceport at VAFB. The Proposed Action is consistent with existing national environmental policies and objectives as set forth in Section 101 of NEPA and other applicable environmental requirements and will not significantly affect the quality of the human environment within the meaning of NEPA. Therefore, an Environmental Impact Statement for the Proposed Action is not required and the FAA issued a FONSI. The FAA has posted the SEA and FONSI on the Internet at https:// www.faa.gov/about/officeorg/headquartersoffices/ast/.
Premium Penalty Relief; Alternative Premium Funding Target Election Relief
Executive Order 13563 on Improving Regulation and Regulatory Review directs agencies to review and improve their regulatory processes. As a result of this regulatory review, and in response to comments by premium payers and pension professionals, PBGC is providing relief from certain premium penalties and in certain situations involving alternative premium funding target elections.
Magnesium Metal From the People's Republic of China: Rescission of Antidumping Duty Administrative Review
On May 27, 2011, the U.S. Department of Commerce (``the Department'') published a notice of initiation of an administrative review of the antidumping duty order on magnesium metal from the People's Republic of China (``PRC'').\1\ The review covers one manufacturer/exporter of subject merchandise from the PRC, Tianjin Magnesium International Co., Ltd. (``TMI''). The period of review (``POR'') is April 1, 2010 through March 31, 2011. Following the receipt of a certification of no shipments from TMI, and a subsequent no-shipment inquiry to U.S. Customs and Border Protection (``CBP''), on July 14, 2011, we notified all interested parties of the Department's intent to rescind this review and provided an opportunity to comment on the rescission.\2\ We received no comments. Therefore, we are rescinding this administrative review.
Helical Spring Lock Washers From China and Taiwan
The Commission hereby gives notice of the scheduling of expedited reviews pursuant to section 751(c)(3) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(3)) (the Act) to determine whether revocation of the antidumping duty orders on helical spring lock washers from China and Taiwan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. For further information concerning the conduct of these reviews and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207).
Annual Determination of Average Cost of Incarceration
The fee to cover the average cost of incarceration for Federal inmates in Fiscal Year 2010 was $28,284. The average annual cost to confine an inmate in a Community Corrections Center for Fiscal Year 2010 was $25,838.
Ball Bearings and Parts Thereof From France, Germany and Italy: Final Results of Sunset Reviews and Revocation of Antidumping Duty Orders
On August 1, 2011, the Department of Commerce (the Department) initiated the sunset reviews of the antidumping duty orders on ball bearings and parts thereof from France, Germany, and Italy. See Initiation of Five-Year (``Sunset'') Review, 76 FR 45778 (August 1, 2011) (Initiation Notice). Because no domestic interested party filed a notice of intent to participate in response to the notice of initiation of the sunset reviews by the applicable deadline, the Department is revoking the antidumping duty orders on ball bearings and parts thereof from France, Germany, and Italy.
Progress Reports Rules Revision
In this document, the Bureau of Prisons (Bureau) proposes to remove from regulations and/or modify two types of progress reports: Transfer reports and triennial reports.
Allocation of Assets in Single-Employer Plans; Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Valuing and Paying Benefits
This final rule amends the Pension Benefit Guaranty Corporation's regulations on Benefits Payable in Terminated Single- Employer Plans and Allocation of Assets in Single-Employer Plans to prescribe interest assumptions under the benefit payments regulation for valuation dates in October 2011 and interest assumptions under the asset allocation regulation for valuation dates in the fourth quarter of 2011. The interest assumptions are used for valuing and paying benefits under terminating single-employer plans covered by the pension insurance system administered by PBGC.
Circular Welded Carbon Steel Pipes and Tubes From Taiwan: Notice of Partial Rescission of Antidumping Duty Administrative Review
On June 28, 2011, the Department of Commerce (the Department) published a notice of initiation of an administrative review of the antidumping duty order on circular welded carbon steel pipes and tubes from Taiwan. The review covers eight firms. Based on a withdrawal of the requests for review of certain companies from United States Steel Corporation (Petitioner), we are now rescinding this administrative review with respect to six of those firms.
List of Programs Eligible for Inclusion in Fiscal Year 2012 Funding Agreements To Be Negotiated With Self-Governance Tribes by Interior Bureaus Other Than the Bureau of Indian Affairs
This notice lists programs or portions of programs that are eligible for inclusion in Fiscal Year 2012 funding agreements with self-governance Indian tribes and lists programmatic targets for each of the non-Bureau of Indian Affairs (BIA) bureaus in the Department of the Interior, pursuant to the Tribal Self-Governance Act.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast (NE) Multispecies Fishery; Framework Adjustment 46
This final rule partially approves Framework Adjustment (FW) 46 to the NE Multispecies Fishery Management Plan (FMP), which increases the haddock incidental catch cap allocated to the Atlantic midwater trawl herring fishery to 1 percent of the Georges Bank (GB) haddock Acceptable Biological Catch (ABC) and to 1 percent of the Gulf of Maine (GOM) haddock ABC, thereby, adjusting final fishing year (FY) 2011 specifications for the other fishery components of these ABCs. In addition, this action modifies the method for estimating haddock catch in the herring fishery and the relevant accountability measures (AMs) such that, upon attainment of the cap, the midwater trawl herring fleet may not catch or land herring in excess of the incidental catch limit (2,000 lb (907.2 kg)) in or from the appropriate haddock stock area. In addition, in this action NMFS disapproves measures in FW 46 that would have required open access herring vessels using midwater trawl gear to report total kept catch, and notify the Office of Law Enforcement, prior to landing. NMFS also disapproves a measure to require all midwater trawl vessels to report gear used on each trip into the Gulf of Maine or Georges Bank. FW 46 was developed by the New England Fishery Management Council (Council) to address the haddock incidental catch cap in the Atlantic herring fishery to allow the herring fishery to achieve optimum yield, by establishing a better opportunity to fully harvest the available herring quota, while providing incentives for the midwater trawl fishery to minimize haddock catch and, ensuring that haddock catch is adequately controlled and monitored.
Certain Cased Pencils From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results of Administrative Review Pursuant to Court Decision
On August 30, 2011, the United States Court of International Trade (``CIT'') sustained the Department of Commerce's (``the Department'') results of redetermination as applied to respondent Shandong Rongxin Import & Export Co., Ltd. (``Rongxin'') pursuant to the CIT's remand order in Shandong Rongxin Import & Export Co., Ltd. v. United States, Court No. 09-00316, Slip Op. 11-45 (Ct. Int'l Trade April 21, 2011) (``Shandong Rongxin I''). See Final Results of Redetermination Pursuant to Remand, Court No. 09-00316, dated August 4, 2011, available at https://ia.ita.doc.gov/remands (``Second Remand Results''); Shandong Rongxin Import & Export Co., Ltd. v. United States, Court No. 09-00316, Slip Op. 11-105 (Ct. Int'l Trade August 30, 2011) (``Shandong Rongxin II''). Consistent with the decision of the United States Court of Appeals for the Federal Circuit (``CAFC'') in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (``Timken''), as clarified by Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (``Diamond Sawblades''), the Department is notifying the public that the final judgment in this case is not in harmony with the Department's final determination and is amending the final results of the administrative review of the antidumping duty order on certain cased pencils (``pencils'') from the People's Republic of China covering the period of review (``POR'') of December 1, 2006, through November 30, 2007 with respect to Rongxin. See Certain Cased Pencils from the People's Republic of China: Final Results and Partial Rescission of Antidumping Duty Administrative Review, 74 FR 33406 (July 13, 2009) (``Final Results'') and accompanying Issues and Decision Memorandum (``I&D Memorandum''), as amended by Certain Cased Pencils from the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review, 74 FR 45177 (September 1, 2009).
Proposed Information Collection; Comment Request
The Corporation for National and Community Service (hereinafter the ``Corporation''), as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) (44 U.S.C. 3506(c)(2)(A)). This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirement on respondents can be properly assessed. Individuals who use a telecommunications device for the deaf (TTY-TDD) may call (202) 565-2799 between 8:30 a.m. and 5 p.m. eastern time, Monday through Friday. Currently, the Corporation is soliciting comments concerning AmeriCorps Application Instructions: State Commissions; State and National Competitive; Professional Corps; Indian Tribes; States and Territories without Commissions; and State and National Planning. Applicants will respond to the questions included in this ICR in order to apply for funding through these grant competitions. Copies of the information collection request can be obtained by contacting the office listed in the addresses section of this notice.
Notice and Request for Comments: Two-Year Extension of Softwood Lumber Agreement
The U.S.-Canada Softwood Lumber Agreement (``SLA'' or ``the Agreement'') entered into force on October 12, 2006 and is currently scheduled to expire on October 12, 2013. The SLA includes a provision for extension of the Agreement for an additional two years. The United States is considering extending the SLA through October 12, 2015. Interested persons are invited to submit comments on the possible extension of the Agreement.
Science Advisory Board
This notice sets forth the schedule and proposed agenda of a forthcoming meeting of the NOAA Science Advisory Board. The members will discuss and provide advice on issues outlined in the section on Matters to be Considered.
Post Office Closing
This document informs the public that an appeal of the closing of the South International Falls, Minnesota post office has been filed. It identifies preliminary steps and provides a procedural schedule. Publication of this document will allow the Postal Service, petitioners, and others to take appropriate action.
Smoking of Electronic Cigarettes on Aircraft
The Department of Transportation is proposing to amend its existing airline smoking rule to explicitly ban the use of electronic cigarettes on all aircraft in scheduled passenger interstate, intrastate and foreign air transportation. The Department is taking this action because of the increased promotion of electronic cigarettes and the potential health and passenger comfort concerns that they pose in an aircraft. The Department is also considering whether to extend the ban on smoking (including electronic cigarettes) to charter flights of air carriers (i.e. U.S. carriers) and foreign air carriers with aircraft that have a designed seating capacity of 19 or more passenger seats.
National Sea Grant Advisory Board
This notice sets forth the schedule and proposed agenda of a forthcoming meeting of the Sea Grant Advisory Board (Board). Board members will discuss and provide advice on the National Sea Grant College Program in the areas of program evaluation, strategic planning, education and extension, science and technology programs, and other matters as described in the agenda found on the National Sea Grant College Program Web site at https://www.seagrant.noaa.gov/leadership/ advisory_board.html.
Notice of Open Meeting of the Advisory Committee of the Export-Import Bank of the United States (Ex-Im Bank)
The Advisory Committee was established by Public Law 98-181, November 30, 1983, to advise the Export-Import Bank on its programs and to provide comments for inclusion in the reports of the Export-Import Bank of the United States to Congress. Time and Place: Tuesday, September 27 from 11 a.m. to 3 p.m. A break for lunch will be at the expense of the attendee. Security processing will be necessary for reentry into the building. The meeting will be held at Ex-Im Bank in the Main Conference Room 1143, 811 Vermont Avenue, NW., Washington, DC 20571. Agenda: Agenda items include a briefing of the Advisory Committee members on the status of the Bank's activities and progress reports from the various subcommittees. Public Participation: The meeting will be open to public participation, and the last 10 minutes will be set aside for oral questions or comments. Members of the public may also file written statement(s) before or after the meeting. If you plan to attend, a photo ID must be presented at the guard's desk as part of the clearance process into the building, and you may contact Susan Houser to be placed on an attendee list. If any person wishes auxiliary aids (such as a sign language interpreter) or other special accommodations, please contact, prior to September 20, 2011, Susan Houser, Room 1273, 811 Vermont Avenue, NW., Washington, DC 20571, Voice: (202) 565-3232.
Draft Harmonized Test Guidelines; Notice of Availability and Request for Comments
EPA is announcing the availability of the draft test guidelines for Series 810Product Performance Test Guidelines for Public Health Uses of Antimicrobial Agents, concerning specifically air, textiles, and water.
Draft Toxicological Review of n-Butanol: In Support of Summary Information on the Integrated Risk Information System (IRIS)
EPA announced a 60-day public comment period and a listening session on August 31, 2011 (76 FR 54227) for the external review draft human health assessment titled, ``Toxicological Review of n-Butanol: In Support of Summary Information on the Integrated Risk Information System (IRIS)'' (EPA/635/R-11/081A). EPA is extending the public comment period one week because of a one-week delay in the release of the Toxicological Review to the public. The draft assessment was prepared by the National Center for Environmental Assessment (NCEA) within the EPA Office of Research and Development (ORD). EPA is releasing this draft assessment solely for the purpose of pre- dissemination peer review under applicable information quality guidelines. This draft assessment has not been formally disseminated by EPA. It does not represent and should not be construed to represent any Agency policy or determination. After public review and comment, an EPA contractor will convene an expert panel for independent external peer review of this draft assessment. The public comment period and external peer review meeting are separate processes that provide opportunities for all interested parties to comment on the assessment. The external peer review meeting will be scheduled at a later date and announced in the Federal Register. Public comments submitted during the public comment period will be provided to the external peer reviewers before the panel meeting and considered by EPA in the disposition of public comments. Public comments received after the public comment period closes will not be submitted to the external peer reviewers and will only be considered by EPA if time permits. The listening session will be held on October 26, 2011, during the public comment period for this draft assessment. The purpose of the listening session is to allow all interested parties to present scientific and technical comments on draft IRIS health assessments to EPA and other interested parties attending the listening session.
Announcement of Federal Underground Injection Control (UIC) Class VI Program for Carbon Dioxide (CO2
EPA is announcing the establishment of a Federal Underground Injection Control (UIC) Class VI Program for Carbon Dioxide (CO2) Geologic Sequestration (GS) Wells under which EPA will directly implement the Class VI Program nationally as of September 7, 2011. States and potential owners or operators of CO2 GS wells must submit all permit applications to the appropriate EPA Region in order for a Class VI permit to be issued pursuant to the Federal Requirements under the Class VI rule finalized on December 10, 2010. Direct Federal implementation of the final Class VI requirements is in effect until such time as a State-submitted primary enforcement responsibility (primacy) application is approved by EPA.
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